Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 1985 Page 1 of about 44 results (0.117 seconds)

Jul 02 1985 (HC)

The Manager, Rajapalayam Mills Ltd. Vs. Labour Court, Madurai and anr.

Court : Chennai

Decided on : Jul-02-1985

Reported in : (1987)IILLJ59Mad

..... and that he should take such proceedings as he may be entitled, to recover the balance. the relationship between the parties now being governed by the contract act and as a result of the provisions of contract act, the employee being a debtor and the employer now being a creditor and this being the subsisting relationship, it is difficult for us as to how ..... flows from a provision of any other law. now it is obvious that as between the employer and the employee, the liability and the rights will be governed by the contract act, especially so, when the employee ceased to be in the employment of the employer. as a matter of fact the argument of the learned counsel for the employee itself implies ..... that the provisions of the contract act are not excluded because even the learned counsel for the employee contended that under the contract act, the only contract which is enforceable is the contract to pay rs. 15 per month. now, we are dealing with a case of an employee who is no ..... in view of s. 7(4) of the act the employee can resist the action of the employer in adjusting the entire amount due on account of the .....

Tag this Judgment!

Apr 18 1985 (HC)

Appavoo Nadar Vs. Chellian Nadar and ors.

Court : Chennai

Decided on : Apr-18-1985

Reported in : (1985)2MLJ179

..... : [1970]3scr415 , that, so long as the claim is there, this court is not precluded from applying section 70 of the contract act for the first time even on appeal by special leave. we, however, think that the conditions for the applicability of this section must at least be set ..... union of india : air1973sc2724 , the supreme court observed as follows:we may now turn to the plaintiff's claim to the benefit of section 70 of the contract act put forward in this court for the first time. it was urged, on the strength of piloo dhunjushaw sidhwa v. municipal corporation of the city of poona ..... of varadachariar, j. in a full bench decision of this court in perumal v. kamakshi : air1938mad785 :.it only remains to add that section 70, contract act, which has sometimes been appealed to, is scarcely appropriate to a case of money lent to the defendant. there is no possibility in such a case ..... and came to be based more and more on the doctrine of restitution. in india the principle was developed under sections 69 and 70 of the contract act, and it is generally recognised that these sections (sections 69 and 70) are much wider in scope than the doctrine as applied in england, and ..... .' it is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under section 70 of the indian contract act. if any plaintiff pleads the three ingredients and proves the three features the defendant is then bound to make compensation in respect of or to restore .....

Tag this Judgment!

Feb 05 1985 (HC)

Metal Powder Co. Ltd., Tirumangalam and anr. Vs. the State of Tamil Na ...

Court : Chennai

Decided on : Feb-05-1985

Reported in : (1985)IILLJ376Mad

..... there is no further right of badli worker to ask for work on some other day. 'continuous service' as contemplated by s. 3 of the act must pre-suppose a contract of employment, and as pointed out in bombay union dyeing and bleaching mills v. n. t. more 1980-ii l.l.j. 424, which ..... and mr. janakiraman. in gammon india limited v. union of india 1974-i l.l.j. 489, construing the provisions of the contract labour (regulation and abolition) act, 1970 the supreme court held that the absence of provisions for appeal was not unreasonable in the context of the provisions of the ..... read the word 'non-employment' in juxtaposition with the work 'discharge,' and non-employment must therefore be construed as some act on the part of the employer which has the effect of terminating the contract of employment. the two expressions 'employment' and 'non-employment' in the definition of 'industrial dispute' were considered by the ..... in an event to raise a debt from b to a, and suppose that an act is passed which provides that in respect of such a contract no debt shall arise. as an illustration, take the case of a contract to pay money upon the event of a wager, or the case of an insurance ..... have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service which are made before or after the commencement of this act.' we are bound to take notice of the legislative practice that where the intention of the legislature is that a .....

Tag this Judgment!

Apr 24 1985 (HC)

Tiruppur Cotton Spinning and Weaving Mills Ltd. Vs. Khimji Poonja and ...

Court : Chennai

Decided on : Apr-24-1985

Reported in : [1988]64CompCas349(Mad)

..... simultaneously exercised in respect of the same relief undertaking. the second condition in the second proviso would,therefore, be clearly inconsistent with the suspension of all contracts as contemplated by section 4(b) of the act which does not refer to any conditions. the second inconsistency apparent on the face of clause (b) of the second condition of the notification is that ..... an intrinsic inconsistency in the notification itself. if, in exercise of the power under section 4(b) of the act, the government has directed that all contracts, agreements, assurances of property, etc.,. shall stand suspended, the necessary consequence will be that those contracts cannot be given effect to at all. this is clear from the first part of section 4(b) of the ..... directs that in relation to the relief undertaking, namely, tirupur cotton spinning and weaving mills ltd.: (a) the industrial disputes act, 1947 (central act no.xiv of 1947),shall apply with the omission of chapter v-a and section 33-c. (b) all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which the said relief undertaking ..... act. 9. an argument is advanced before us that a notification of the state government must be read as a whole and must be treated as having .....

Tag this Judgment!

Apr 24 1985 (HC)

Tiruppur Cotton Spinning and Weaving Mills Ltd Vs. Khimji Poonja and C ...

Court : Chennai

Decided on : Apr-24-1985

Reported in : AIR1986Mad12

..... same relief undertaking. the second condition in the second proviso would, therefore, be clearly inconsistent with the suspension of all contracts as contemplated by s. 4(b) of the act, which does not refer to any conditions. the second inconsistency apparent on the face of the clause (b) of the ..... before the said date, shall be suspended with effect on and from the said date; provided that nothing in this notification shall apply to contract, assurances of property and agreements entered into by the said relief undertaking with the tamil nadu industrial investment corporation ltd., or any nationalised ..... relief undertaking, namely, tiruppur cotton spinning and weaving mills ltd, (a) the industrial disputes act 1947 (central act xiv of 1947) shall apply with the omission of chapter v.a and s. 33-c. (b) all contracts, assurances of property, agreements, settlements awards, standing orders or other instruments in force, to ..... itself. it in exercise of the power under s. 4(b) of the act the government has directed that all contracts, agreements, assurances, of property, etc. shall stand suspended, the necessary consequence will be that those contracts cannot be given effect to at all. this is clear from the first part ..... of s. 4(b) of the act.7. an argument is advanced before us that a notification of the state government must .....

Tag this Judgment!

Aug 02 1985 (HC)

V.M. Rao and ors. Vs. Rajeswari Ramakrishnan and ors.

Court : Chennai

Decided on : Aug-02-1985

Reported in : [1987]61CompCas20(Mad)

..... and the prescribed procedure for the constitution of the board, is void in law, unenforceable and also hit by section 23 of the indian contract act and that the alleged family arrangement not having been reduced to writing and not having been incorporated in the articles of association of the sixth ..... these proceedings are contained in that petition. almost identical allegations, as in the petition, alleging malpractice in the election of directors and in giving of contracts for transport of limestone, cement and sugar to k. c. p. ltd. are made. the contention of learned counsel for the respondents was that ..... were also contractors for transport rates. similarly, m/s. vadde & co. were the contractors for transport of limestone and cement, right from 1960. these contracts were sanctioned at the meetings of the directors of k. c. p. ltd. even before the disputes arose. in 1975 also, the board had continued ..... the members of the company inter se. any agreement or contract which varies the manner of exercising votes, electing directors and management of the company as envisaged in the memorandum and articles of association and the provisions of the act, is not valid and enforceable, unless the articles are amended ..... vote and the party whose contract is thereby broken has rights only against the shareholders and not against the company.' 77. we are also of the view that these principles have to be read subject to the provisions in section 87 of the companies act. under those provisions, every .....

Tag this Judgment!

Oct 30 1985 (HC)

Vijayalakshmi Minerals Trading Co., Madras Vs. Union of India and ors.

Court : Chennai

Decided on : Oct-30-1985

Reported in : AIR1986Mad285

..... the loss, destruction or deterioration of goods of which it has taken charge is, under s. 40 of the act, that of a bailee under ss. 151, 152 and 161 of contract act, subject to some modifications. thus the rates which the board levies are a consolidated charge for the various services it ..... may perform certain services. the following observations in that connection occurring at page 1942 are relevant -'......s. 39(l) and (2) of the act (madras port trust act 2 of 1905), casts on the board an obligation, according to its powers, to provide all reasonable facilities, if so required by any owner, ..... the recommendation for the revision as done has been made and that has also been sanctioned by the central government under s. 52 of the act. thus, a consideration of the circumstances leading to the revision clearly points out that all round increase in the cost o performing its statutory duties ..... the expansion of the port and the need to mobilize more resources to satisfactorily continue to perform its obligations and rendering the services under the act. the increase in salaries and allowances as well as the amenities provided to the staff, workers and other officials and the maintenance of the establishment ..... etc. considerable expenditure has to be incurred by the board in the maintenance of these facilities in the course of the discharge of its obligations under the act. in addition, the scale of rate ' s fixed by the port trust, madras, was found to be the lowest on a comparative study of .....

Tag this Judgment!

Dec 18 1985 (HC)

Shanmughavel Chettiar and ors. Vs. Sri Ramkumar Ginning Firm

Court : Chennai

Decided on : Dec-18-1985

Reported in : AIR1987Mad28

..... fourth edition by lord hailsham, vol. 34, as given below: -"general principles:- apart from any limit to the enjoyment of his property which may have been acquired against him by contract, grant or prescription, every person is entitled, as against his neighbour, to the comfortable and healthful enjoyment of the premises owned or occupied by him whether for pleasure or business ..... occupied by him, and in deciding whether in any particular case, his right has been interfered with and a nuisance thereby caused, it is necessary to determine whether the act complained of is an inconvenience materially interfering with the ordinary physical comfort of human existence, not merely according to elegant or dainty modes and habits of living, but according plain ..... . in deciding whether in any particular case his right has been invaded and a nuisance thereby caused, it is necessary to determine whether the act complained of is an inconvenience materially interfering with the ordinary physical comfort of human existence, not merely according to elegant or dainty modes and habits of living, but according ..... it becomes unlawful. reasonableness plays an important part in determining whether or not there has been a nuisance. the primary facts will be whether the defendants had committed .certain act attributed to them. the allied question will be-whether the evidence in that behalf will be reliable. further, this will again be a question of fact whether any discomfort .....

Tag this Judgment!

Apr 19 1985 (HC)

Nellai Metal Rolling Mills (P) Ltd., Through Its Managing Director Vs. ...

Court : Chennai

Decided on : Apr-19-1985

Reported in : (1986)1MLJ370

..... claimed interest from 15.4.1974, giving credit to the amounts paid. but, with regard to the period before the filing of the suit, the contract between the parties must govern and as per clause 11 of the rules, which are part and parcel of the chit agreement, ex.a-1 for ..... for the performance and discharge of the counter-obligations of the payment of dividends. this is the well accepted general principle traceable to the law of contracts and performance thereof and i feel obliged to apply the same to the present case. this is not a case where forfeiture of the earned dividends ..... transaction lacked the authorisation in the form of a resolution, as contemplated under section 292(1)(c) of the act.this is very sound principle which has found countenance in the general field of contract and i find no acceptable reason to take it out of the field, merely because the party who stood ..... not amount to borrowing and raising of money and the incidence arising thereupon. the expressions 'creditor', 'debt' and 'debtor' occurring in the andhra pradesh act were considered to hold that the relationship between the stake-holder/foreman and the subscriber is not that of a creditor and debtor. the learned judge referred ..... benefited by the transaction happens to be a company within the meaning of the act. i am of the view that this principle must .....

Tag this Judgment!

Dec 19 1985 (HC)

Government of India Vs. Prema Metal Works, Madras and ors.

Court : Chennai

Decided on : Dec-19-1985

Reported in : 1986(9)ECC247; 1986(26)ELT529(Mad)

..... of the revisional authority and it is also not disputed before us that all the petitioners (importers) had only actual users' licences for the import of stainless steel sheets. the contract with the foreign seller was also for the import of stainless steel sheets. though in two cases, namely, cases relating to m/s. paxal corporation limited, writ appeal 238 of ..... it is open to the court in exercise of jurisdiction under article 130 of the constitution to order refund notwithstanding the limitation prescribed under section 27(1) of the customs act. for this contention, he cited two division bench judgments of this court in the assistant collector of customs, madras v. premraj and ganapatraj co. madras electrical conductors (p) ltd. ..... , the customs authorities would not have allowed them to clear of the goods. now, the goods themselves are not available for factual verification. under section 46(4) of the customs act 1962, the declaration must have been supported by proper records. the authority, after satisfying himself with the declaration supported by records, must have permitted clearance of the goods. in asmuch ..... under item 63(14) read with the notification. the assistant collector found in 48 out of 54 cases the applications were time barred under section 27(1) of the customs act and therefore rejected the same on that ground. such orders of the assistant collector had been subsequently confirmed by the appellate authority and by the government of india, revisional authority .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //